News

Changing Part Numbers or Price Due to the Volume of Repairs or an Anticipated Recall

Date23 Sep 2020

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Categories2020, Franchise News, Newsletter

We have heard from numerous dealers that manufacturers have been reducing part prices related to specific repairs, or changing part numbers. While a manufacturer may have legitimate reasons for doing this, it is also a tactic typically employed by manufacturers to reduce...

Waivers of Liability from COVID-19, Not All They Are Cracked Up to Be

Date22 Sep 2020

Posted ByBass Sox Mercer

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Categories2020, Compliance, COVID-19 Related Articles and Resources, Newsletter

A waiver seems like a good idea to address potential liability for your dealership from COVID-19 related exposure, but it may create more problems than its ultimate value. First, let’s examine the bigger picture here. COVID-19 related lawsuits against dealerships are likely...

Volkswagen and General Motors Take Different Position on Electric Vehicle Distribution Agreements

Date25 Jun 2020

Posted ByBass Sox Mercer

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Categories2020, Franchise News, Newsletter

Volkswagen dealers recently received The Battery Electric Vehicle Distribution Terms and Conditions Agreement (“BEV Agreement”) which is purported to be required before receiving Volkswagen’s new electric vehicle models. Likewise, GMC and Chevrolet dealers have received GM’s Electric Models Participation Agreement which requires...

COVID-19 Related Factory Shutdowns Adversely Impact Vehicle Allocation

Date25 Jun 2020

Posted ByBass Sox Mercer

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Categories2020, COVID-19 Related Articles and Resources, Franchise News, Newsletter

The ongoing COVID-19 pandemic has impacted, rather severely, the OEM’s ability to turn out new product. Shortly after the pandemic hit, plants were limited and/or closed, and new motor vehicle production ground to a halt. The downstream impacts to dealers may have...

OEMs Continue to Attempt to Avoid Application of Franchise Laws

Date25 Jun 2020

Posted ByBass Sox Mercer

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Categories2020, Legislation, Newsletter

One of the first strategies OEMs often employ to avoid complying with a state’s franchise law protections is to argue that the laws do not apply to a dealer agreement that was executed prior to the passing of those statutes. This position allows...

House Bill 977 – Changing Florida’s Vicarious Liability Laws

Date25 Jun 2020

Posted ByBass Sox Mercer

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Categories2020, Legislation, Newsbrief, Newsletter

Historically, the Dangerous Instrumentalities Doctrine has imposed strict liability on the owner of a motor vehicle whenever the owner “voluntarily entrusts that motor vehicle to an individual whose negligent operation causes damage to another.” However, companies that rent or lease vehicles became...

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